Report No. 66

8.23. Point (b)-Meaning of the words "on the face of it".-

A general matter calling for comment arises from the words "on the face of it", which appear in section 6 and in the earlier English Acts prior to 1882, though not in section 11 of the English Act1of 1882. In a Calcutta case2, it was observed by Ameer Ali J. with reference to these words:-

"I think they were omitted from the later English Acts as being superfluous. Mr. Chose interprets them as meaning 'unconditionally', absolutely, or something of that kind. To my mind, they mean nothing more than, 'expressly expressed', the antithesis being to implied trust or a secret trust."

1. For section 11 of the English Act, see Appendix 3.

2. Ashalata (in re:), AIR 1940 Cal 217 (218) (Ameer Ali, J.).